Erb's Palsy Attorneys

Children with Erb's Palsy often worry about whether medical malpractice was responsible for their child's condition. The injury could be caused by excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced attorney can help victims receive financial compensation. Settlements may pay for therapy, surgery, and future medical treatments.

Compensation

It can cost a lot to care for and raise a child with Erb's palsy. An attorney can help families receive the financial aid needed to cover these expenses. This includes money for medical expenses, physical and occupational therapy, adaptive devices and emotional support.

A successful lawsuit may also make medical professionals accountable for their negligence. This will prevent them from repeating similar mistakes in the future. Legal action can give families a sense of justice and closure after they have witnessed their child's life turned upside down by a birth injury.

If a baby sustains an injury to the brachial plexus nerves during birth, it could cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during birth. This can be due to improper use of labor tools, such as the vacuum extractor or forceps, or it may occur when doctors try to treat issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits can be filed if a doctor does not properly prepare and deal with complications that could arise during the birth of a child. An attorney can help make the process as smooth as is possible for the family. They can collect the hospital records and witness statements to build an argument for the benefit of the family. They can also negotiate with the opposing side to reach a fair settlement.

Statute of Limitations

The law obliges families to submit a lawsuit within a certain time frame after the injury of their child. The statute of limitations may vary from state to state. Kansas, for instance, requires families to make a claim within two years from the birth of a child injured. Certain states have longer deadlines. It is important to consult a reputable Erb’s palsy lawyer as quickly as possible in order to ensure that your family will be able to file their claim within the required time frame.

Your legal team will submit a complaint to those responsible for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants, and the hospital where the injury occurred. During the discovery process, your attorneys will collect evidence to show medical malpractice and also prove that the injuries were avoidable. They will review the medical records of your child and gather expert witness testimony to prove your case.

Your Erb's Palsy attorney will negotiate the settlement of your circumstances or take the case to the court. A settlement typically allows the payment to be made faster than a court trial. However, it is not guaranteed that your family will get a fair settlement. Your attorney will do everything possible to ensure you receive the highest amount of compensation.

Filing a Lawsuit

The process of filing a lawsuit differs from state to state, but it typically starts with an attorney reviewing the case's details and facts in a free legal case evaluation. They will then inform the client whether or not they have an issue.

If a claim is viable, the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of compensation demanded will be determined by the severity of the injuries as well as the cost of treatment. Most Erb's palsy attorneys will recommend settling out of court to accelerate the process and avoid a lengthy trial.

A successful lawsuit will award families with the financial compensation they need to pay for the treatment of their child. By demanding that healthcare professionals be held accountable for their mistakes They will also ensure that future children don't suffer the exact same fate.

A lawsuit will involve two teams of lawyers arguing on behalf of their clients. They will attempt to convince jurors or judges that their client's healthcare provider was able and ethical, while the defendant's lawyers will argue that they did not. If a settlement cannot be reached the case will be put to trial. The length of a trial will depend on the amount of evidence that is presented and the nature of the case. Most cases are settled out of court. This is because trial proceedings can add significant amount of time to the legal process and could result in no compensation if the jury or judge does not support the plaintiff's case.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs are likely to increase quickly and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents obtain fair compensation.

The cause of Erb's palsy is the damage to the brachial plexus nerves, which originate from the spinal cord to the neck, and eventually into the arm. These nerves can be injured in various ways such as excessive pulling on the baby's shoulders and head during the birth. Erb's Palsy can also result from the use of forceps during delivery. During the process of delivery, the doctor might pull or stretch the shoulder too much to take it out of the birth canal. This can cause injury to the brachialplexus.

Shoulder dystocia happens when a baby's shoulders get caught behind the cervical cervix of the mother. In such cases, the doctor might try to free the infant's shoulders by pulling more forcefully on the head and shoulders or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor is able to identify the risk factors that can cause shoulder dystocia, and take preventative steps. If a doctor fails to take this action and is found to be negligent, they could be held liable for an Erb's Palsy claim.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to prove malpractice. Defense lawyers often claim that there are no other causes for the child's shoulder dystocia. This could be due to abnormalities in the baby's positioning or intrauterine malformations.